Children and Young People’s Advertising Code
A pdf version of this code can be viewed here – Children and Young People’s Advertising Code.
Purpose of the Code Advertising to children and young people shall adhere to the laws of New Zealand and the Principles and Rules set out in this Code where applicable. All advertising must also comply with the ASA Advertising Standards Code. This Code recognises the need to protect children pursuant to the United Nation’s Convention on the Rights of the Child (“Convention”), particularly Article 3 of the Convention which states, “the best interests of the child shall be a primary consideration”, and Article 17(e) which calls for “appropriate Rules for the protection of the child from information and material injurious to his or her well-being.” Definition of Advertisement “Advertising and Advertisement(s)” means any message, the content of which is controlled directly or indirectly by the advertiser, expressed in any language and communicated in any medium with the intent to influence the choice, opinion or behaviour of those to whom it is addressed. Application of the Code This Code applies to all advertisements that target children or young people, whether contained in children’s or young people’s media or otherwise. In determining whether this Code is applicable, the Complaints Board will make an evaluation based on context, medium, audience and product or service. This Code does not apply to product packaging, bona fide news, reviews, editorial and broadcast programmes. Care should be taken to ensure that the product and style of advertisement is appropriate for the intended audience. The way in which children and young people perceive and react to advertising is influenced by their age, experience and the context in which the message is delivered. The likely audience (including the media that advertisements are broadcast, printed, or displayed in) is a key factor in determining code compliance. Interpreting the Code In interpreting the Code, emphasis will be placed on compliance with both the principles and the spirit and intention of the Code. The Rules are examples, by no means exhaustive, of how the Principles are to be interpreted and applied. It is possible for advertising to be in breach of one or more of the Principles in the Code without being in breach of a specific Rule. The Complaints Board will have regard to all relevant matters, including the overall impression conveyed, the context and target market. Definitions for the Purposes of this Code “Children” means all persons below the age of 14 years. “Young People” means all persons who are at least 14 years but under 18 years. “Occasional Food and Beverage Products” are those food and beverage products which are high in fat, salt or sugar and classified under the Food and Beverage Classification System (FBCS) as being intended for occasional consumption. If a particular product is not classified under the FBCS but is comparable or equivalent to a product which is classified, then it shall be deemed to have the same classification. If a particular product is not classified under the FBCS and is not comparable or equivalent to a product which is classified, then it shall be deemed to be an “Occasional food and beverage product” if it has less than 3.5 stars under the Health Star Rating System. “Social Responsibility” is embodied in the Principles and Rules of the Code and is integral to the consideration of the Complaints Board. Previous decisions of the Complaints Board also guide its determinations, as do generally prevailing community standards. “Special Duty of Care” is a responsibility to ensure advertising is not likely to result in physical, mental or moral harm. “Moral Harm” means harm caused by exposure to indecent, immoral or adult themed visuals and language. “Targeting” is determined by the context of the advertisement and the relationship between the following three criteria;
Expected average audience at the time or place the advertisement appears includes a significant proportion of children or young people. |
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PRINCIPLE 1: SOCIAL RESPONSIBILITYAdvertisements targeted at children or young people must not contain anything that is likely to result in their physical, mental or moral harm and must observe a high standard of social responsibility.RULES – ALL ADVERTISING |
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Rule 1 (a) Undue Influence | Guidelines | |
Advertisements must not urge children or young people to ask their parents, guardians or caregivers to buy particular products for them. |
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Rule 1 (b) Safety | Guidelines | |
Advertisements must not condone, encourage or unreasonably feature behaviour that could be dangerous to copy, unless the purpose of the advertisement is to discourage such behaviour. |
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Rule 1 (c) Anti-social Behaviour | Guidelines | |
Advertisements must not condone, encourage or unreasonably feature anti-social behaviour, for example vindictiveness or bullying, unless the purpose of the advertisement is to discourage such behaviour. |
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Rule 1 (d) Peer Pressure | ||
Advertisements must not suggest inferiority or lack of acceptance for not having the advertised product. |
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Rule 1 (e) Body Image | Guidelines | |
Advertising must not provide an unrealistic sense of body image or promote an unhealthy lifestyle. |
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Rule 1 (f) Sexual appeal and imagery | Guidelines | |
Advertising must not employ sexual appeal nor include sexual imagery. |
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Rule 1 (g) Sales promotion schemes | Guidelines | |
Use of sales promotion schemes must be undertaken in a responsible manner. |
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Rule 1 (h) Licensed and proprietary characters and celebrities | Guidelines | |
When licensed and proprietary characters and celebrities popular with children or young people are used in advertisements, they must be used in a responsible manner. |
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RULES – FOOD AND BEVERAGE ADVERTISEMENTS |
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Rule 1 (i) Targeting children | Guidelines | |
Advertisements (including sponsorship advertisements) for occasional food or beverage products must not target children or be placed in any media where children are likely to be a significant proportion of the expected average audience. |
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Rule 1 (j) Targeting young people | Guidelines | |
A special duty of care must be applied to occasional food and beverage product advertising to young people. |
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Rule 1 (k) Portion size | Guidelines | |
The quantity of the food in the advertisement should not exceed portion sizes that would be appropriate for consumption on one occasion by a person or persons of the age depicted. |
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Rule 1 (l) Promotional offers | Guidelines | |
Advertisements featuring a promotional offer of interest to children or young people which is linked to food and beverage products must avoid creating a sense of urgency or encouraging the purchase of an excessive quantity for irresponsible consumption. |
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PRINCIPLE 2: TRUTHFUL PRESENTATIONAdvertisements must not by implication, omission, ambiguity or exaggerated claim mislead or deceive or be likely to mislead or deceive children or young people, abuse their trust or exploit their lack of knowledge.RULES – ALL ADVERTISING |
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Rule 2 (a) Identification | Guidelines | |
It must be clear to children or young people that the advertising is a commercial communication rather than programme content, editorial comment or other non-commercial communication. |
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Rule 2 (b) Price | Guidelines | |
If price is referred to, the complete price must be clear, including the cost of the main item and additional items that must be purchased separately. |
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Rule 2 (c) Additions and instructions | ||
Advertisements must clearly indicate if assembly or extra items are required to use the advertised product. |
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Rule 2 (d) Privacy | Guidelines | |
Extreme care must be taken when requesting or recording the names, addresses and other personal details of children or young people to ensure their privacy rights are fully protected and the information is not used in an inappropriate manner. |
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Rule 2 (e) Competitions | ||
Where reference is made to a competition, the rules must be clear and the value of prizes and the chances of winning must not be exaggerated. | ||
RULES – FOOD AND BEVERAGE ADVERTISEMENTS |
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Rule 2 (f) Health benefits | Guidelines | |
Advertisements must not mislead as to the potential physical, social or mental health benefits from consumption of the product. |
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PRINCIPLE 3: SPONSORSHIP ADVERTISINGA special duty of care must be exercised for Occasional Food and Beverage Product sponsorship advertising targeted to young people.RULES – FOOD AND BEVERAGE ADVERTISEMENTS |
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Rule 3 (a) Inclusion of product | Guidelines | |
Sponsorship advertisements must not show an occasional food or beverage product, or such product’s packaging, or depict the consumption of an occasional food or beverage product. |
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Rule 3 (b) | ||
Sponsorship advertisements must not imitate or use any parts of product advertisements for occasional food or beverage products from any media. |